Supreme Court Seeks To Untangle Patent And Antitrust Principles Caught In Spider-Man’s Web
Posted 03/31/15
By Seth D. Greenstein
The Supreme Court heard oral argument today on whether litigation over a toy based on Spider-Man’s web should be used to vanquish a 50-year-old precedent precluding patent owners from collecting patent royalties on expired patents under a
per se rule, and to replace it, in effect, with an antitrust Rule of Reason analysis.
In
Kimble v. Marvel Enterprises, Inc., an individual inventor...